Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic; Amendment 13, 12573-12574 [2019-05969]
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Proposed Rules
[FR Doc. 2019–06223 Filed 4–1–19; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BI11
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Amendment 13
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf) and
South Atlantic Fishery Management
Councils (Councils) have submitted
Amendment 13 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
(FMP), for review, approval, and
implementation by NMFS. Amendment
13 would modify the applicable Federal
regulations for the harvest of spiny
lobster in the exclusive economic zone
(EEZ) off Florida to be compatible with
Florida regulations, and would reestablish a procedure for an enhanced
cooperative management with Florida.
The purpose of Amendment 13 is to
more effectively manage and enforce the
harvest of spiny lobster.
DATES: Written comments on
Amendment 13 must be received on or
before June 3, 2019.
ADDRESSES: You may submit comments
on Amendment 13, identified by
‘‘NOAA–NMFS–2018–0088’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180088, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Susan Gerhart, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
amozie on DSK9F9SC42PROD with PROPOSALS
SUMMARY:
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Jkt 247001
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 13
may be obtained from the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
amendment-13-modifications-spinylobster-gear-requirements-andcooperative-management. Amendment
13 includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, Southeast Regional
Office, NMFS, telephone: 727–824–
5305; email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The FMP being revised by
Amendment 13 was prepared by the
Councils and implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Act.
Background
In the Gulf and South Atlantic, spiny
lobster are harvested primarily off the
coast of Florida. The original FMP,
implemented in 1982, largely
complemented Florida’s management
regime and provided protection for the
fishery throughout its range in the Gulf
and the South Atlantic (47 FR 29202;
July 2, 1982). The FMP adopted many
of the management measures
implemented by Florida to achieve its
conservation and management
objectives and effectively coordinate
management with Florida. However, it
was difficult to keep Federal regulations
consistent with changing state
regulations because Florida can adjust
its management measures more quickly
than the Councils and NMFS can
change Federal regulations. As a result,
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
12573
NMFS and the Councils developed
Amendment 2 to the FMP (54 FR 48059;
November 20, 1989), which established
a procedure to allow Florida to directly
propose to NMFS its state spiny lobster
regulations for subsequent
implementation in the EEZ off Florida.
That procedure was developed to
provide a more timely regulatory
mechanism to implement compatible
regulations and a more formal process
for state and Federal coordination.
In 2017, representatives from the
Florida Fish and Wildlife Conservation
Commission contacted the NMFS
Southeast Regional Office requesting
that Federal regulations be aligned with
Florida state regulations concerning
requirements for spiny lobster bully net
gear and for daily commercial
possession limits of spiny lobster
harvested by bully net or diving.
However, NMFS determined that the
previously established cooperative
management procedure for the spiny
lobster protocol established in
Amendment 2 was removed in
Amendment 10 to the FMP (76 FR
75488; December 2, 2011).
Consequently, there is no procedure to
implement regulations proposed by
Florida without a plan amendment or
framework to the FMP developed by the
Council. These more lengthy processes
are inconsistent with promoting
compatible regulations for the fishery
off Florida.
Actions Contained in Amendment 13
Amendment 13 includes measures to
modify the Federal regulations for the
harvest of spiny lobster that apply in the
EEZ off Florida to be compatible with
Florida regulations concerning bully net
gear requirements and commercial daily
possession limits when using bully nets
or diving. These changes include
updating the incorporations by
reference to the Florida regulations, as
appropriate. Amendment 13 would also
re-establish a procedure for an enhanced
cooperative management system to
provide the state of Florida with a
mechanism to propose spiny lobster
regulations directly to NMFS for
implementation, without a full
amendment or framework action to the
FMP.
Florida Bully Net Permit and Gear
Marking Requirements and Prohibitions
In 2017, Florida implemented a bully
net permit, gear marking requirements,
and gear prohibitions. There is limited
information as to how much spiny
lobster bully netting effort occurs in the
Federal waters off Florida. However,
stakeholders have expressed concerns
that spiny lobster bully net vessels are
E:\FR\FM\02APP1.SGM
02APP1
amozie on DSK9F9SC42PROD with PROPOSALS
12574
Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Proposed Rules
used to disguise unlawful activities and
that there are growing conflicts between
recreational bully netters and
commercial bully netters. Amendment
13 proposes to align Federal and Florida
regulations to address these concerns. In
addition, consistency between Florida
and Federal regulations is expected to
improve enforcement and reduce
potential confusion among fishers.
Amendment 13 would require
commercial bully net vessels in the EEZ
off Florida to have a bully net permit
from Florida, require that the vessel be
marked with the harvester’s Florida
bully net permit number using reflective
paint or other reflective material,
prohibit commercial bully net vessels
from having trap pullers onboard, and
prohibit the simultaneous possession of
a bully net and any underwater
breathing apparatus (not including dive
masks or snorkels) onboard a vessel
used to harvest or transport spiny
lobster for commercial purposes.
restricted species endorsement issued
by the Florida Fish and Wildlife
Conservation Commission (FWC) and
(1) a valid crawfish license or trap
number and lobster trap certificates, if
traps are used to harvest spiny lobster;
(2) a valid commercial dive permit if
harvest is by diving; or (3) a valid bully
net permit if harvest is by bully net.
Under Florida’s regulations, commercial
harvesters are restricted to the
commercial harvest limits when bully
net gear or dive gear is used. Therefore,
bully net and dive fishermen would be
restricted to the state bag limit
regardless where the spiny lobster are
harvested. However, to make the
requirements in the EEZ off Florida
more clear, Amendment 13 would add
an express commercial vessel limit of
250 spiny lobster per vessel per day for
spiny lobster harvested by bully net off
all Florida counties and harvested by
diving off Broward, Dade, Monroe,
Collier, and Lee Counties, Florida.
Commercial Spiny Lobster Bully Net
and Diving Trip Limits
The Federal regulations do not
include an express commercial daily
vessel harvest and possession limit for
spiny lobster harvested by bully net or
diving. However, current Federal
regulations require commercial spiny
lobster harvesters in the EEZ off Florida
to have the licenses and certificates
specified to be a ‘‘commercial
harvester,’’ as defined in Florida’s
regulations as of 2008. The 2008 version
of ‘‘commercial harvester’’ included a
person holding the appropriate licenses
and certificates for traps and dive gear.
Amendment 13 would incorporate by
reference the most recent Florida
regulations, which define a commercial
harvester as a person who holds a valid
saltwater products license with a
Establish an Enhanced Cooperative
Management Procedure for Federal and
Florida State Agencies
The procedure for the protocol, as last
modified in Amendment 2 to the FMP,
provided NMFS the flexibility to
respond quickly to changes in the spiny
lobster fishery by allowing Florida to
propose its spiny lobster regulations
directly to NMFS for implementation in
the EEZ off Florida. The procedure was
removed in 2012 when Amendment 10
to the FMP established a new
framework procedure (76 FR 75488;
December 2, 2011). Without the
procedure, Florida cannot propose rules
directly to NMFS, limiting the ability to
implement consistent regulations in a
timely manner.
Amendment 13 would re-establish a
procedure for an enhanced cooperative
VerDate Sep<11>2014
17:52 Apr 01, 2019
Jkt 247001
PO 00000
Frm 00048
Fmt 4702
Sfmt 9990
management system to provide Florida
with a mechanism to propose
regulations concerning spiny lobster
directly to NMFS for implementation.
Proposed Rule for Amendment 13
A proposed rule that would
implement Amendment 13 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMP, the Magnuson-Stevens Act,
and other applicable laws. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The Councils have submitted
Amendment 13 for Secretarial review,
approval, and implementation.
Comments on Amendment 13 must be
received by June 3, 2019. Comments
received during the respective comment
periods, whether specifically directed to
Amendment 13 or the proposed rule,
will be considered by NMFS in its
decision to approve, partially approve,
or disapprove Amendment 13.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on Amendment 13 or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–05969 Filed 4–1–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\02APP1.SGM
02APP1
Agencies
[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12573-12574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05969]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BI11
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic;
Amendment 13
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico (Gulf) and South Atlantic Fishery
Management Councils (Councils) have submitted Amendment 13 to the
Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and
South Atlantic (FMP), for review, approval, and implementation by NMFS.
Amendment 13 would modify the applicable Federal regulations for the
harvest of spiny lobster in the exclusive economic zone (EEZ) off
Florida to be compatible with Florida regulations, and would re-
establish a procedure for an enhanced cooperative management with
Florida. The purpose of Amendment 13 is to more effectively manage and
enforce the harvest of spiny lobster.
DATES: Written comments on Amendment 13 must be received on or before
June 3, 2019.
ADDRESSES: You may submit comments on Amendment 13, identified by
``NOAA-NMFS-2018-0088'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0088, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Susan Gerhart, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 13 may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-13-modifications-spiny-lobster-gear-requirements-and-cooperative-management. Amendment 13 includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
(RFA) analysis, and a regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional
Office, NMFS, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or amendment to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The FMP being revised by Amendment 13 was prepared by the Councils
and implemented by NMFS through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Act.
Background
In the Gulf and South Atlantic, spiny lobster are harvested
primarily off the coast of Florida. The original FMP, implemented in
1982, largely complemented Florida's management regime and provided
protection for the fishery throughout its range in the Gulf and the
South Atlantic (47 FR 29202; July 2, 1982). The FMP adopted many of the
management measures implemented by Florida to achieve its conservation
and management objectives and effectively coordinate management with
Florida. However, it was difficult to keep Federal regulations
consistent with changing state regulations because Florida can adjust
its management measures more quickly than the Councils and NMFS can
change Federal regulations. As a result, NMFS and the Councils
developed Amendment 2 to the FMP (54 FR 48059; November 20, 1989),
which established a procedure to allow Florida to directly propose to
NMFS its state spiny lobster regulations for subsequent implementation
in the EEZ off Florida. That procedure was developed to provide a more
timely regulatory mechanism to implement compatible regulations and a
more formal process for state and Federal coordination.
In 2017, representatives from the Florida Fish and Wildlife
Conservation Commission contacted the NMFS Southeast Regional Office
requesting that Federal regulations be aligned with Florida state
regulations concerning requirements for spiny lobster bully net gear
and for daily commercial possession limits of spiny lobster harvested
by bully net or diving. However, NMFS determined that the previously
established cooperative management procedure for the spiny lobster
protocol established in Amendment 2 was removed in Amendment 10 to the
FMP (76 FR 75488; December 2, 2011). Consequently, there is no
procedure to implement regulations proposed by Florida without a plan
amendment or framework to the FMP developed by the Council. These more
lengthy processes are inconsistent with promoting compatible
regulations for the fishery off Florida.
Actions Contained in Amendment 13
Amendment 13 includes measures to modify the Federal regulations
for the harvest of spiny lobster that apply in the EEZ off Florida to
be compatible with Florida regulations concerning bully net gear
requirements and commercial daily possession limits when using bully
nets or diving. These changes include updating the incorporations by
reference to the Florida regulations, as appropriate. Amendment 13
would also re-establish a procedure for an enhanced cooperative
management system to provide the state of Florida with a mechanism to
propose spiny lobster regulations directly to NMFS for implementation,
without a full amendment or framework action to the FMP.
Florida Bully Net Permit and Gear Marking Requirements and Prohibitions
In 2017, Florida implemented a bully net permit, gear marking
requirements, and gear prohibitions. There is limited information as to
how much spiny lobster bully netting effort occurs in the Federal
waters off Florida. However, stakeholders have expressed concerns that
spiny lobster bully net vessels are
[[Page 12574]]
used to disguise unlawful activities and that there are growing
conflicts between recreational bully netters and commercial bully
netters. Amendment 13 proposes to align Federal and Florida regulations
to address these concerns. In addition, consistency between Florida and
Federal regulations is expected to improve enforcement and reduce
potential confusion among fishers.
Amendment 13 would require commercial bully net vessels in the EEZ
off Florida to have a bully net permit from Florida, require that the
vessel be marked with the harvester's Florida bully net permit number
using reflective paint or other reflective material, prohibit
commercial bully net vessels from having trap pullers onboard, and
prohibit the simultaneous possession of a bully net and any underwater
breathing apparatus (not including dive masks or snorkels) onboard a
vessel used to harvest or transport spiny lobster for commercial
purposes.
Commercial Spiny Lobster Bully Net and Diving Trip Limits
The Federal regulations do not include an express commercial daily
vessel harvest and possession limit for spiny lobster harvested by
bully net or diving. However, current Federal regulations require
commercial spiny lobster harvesters in the EEZ off Florida to have the
licenses and certificates specified to be a ``commercial harvester,''
as defined in Florida's regulations as of 2008. The 2008 version of
``commercial harvester'' included a person holding the appropriate
licenses and certificates for traps and dive gear.
Amendment 13 would incorporate by reference the most recent Florida
regulations, which define a commercial harvester as a person who holds
a valid saltwater products license with a restricted species
endorsement issued by the Florida Fish and Wildlife Conservation
Commission (FWC) and (1) a valid crawfish license or trap number and
lobster trap certificates, if traps are used to harvest spiny lobster;
(2) a valid commercial dive permit if harvest is by diving; or (3) a
valid bully net permit if harvest is by bully net. Under Florida's
regulations, commercial harvesters are restricted to the commercial
harvest limits when bully net gear or dive gear is used. Therefore,
bully net and dive fishermen would be restricted to the state bag limit
regardless where the spiny lobster are harvested. However, to make the
requirements in the EEZ off Florida more clear, Amendment 13 would add
an express commercial vessel limit of 250 spiny lobster per vessel per
day for spiny lobster harvested by bully net off all Florida counties
and harvested by diving off Broward, Dade, Monroe, Collier, and Lee
Counties, Florida.
Establish an Enhanced Cooperative Management Procedure for Federal and
Florida State Agencies
The procedure for the protocol, as last modified in Amendment 2 to
the FMP, provided NMFS the flexibility to respond quickly to changes in
the spiny lobster fishery by allowing Florida to propose its spiny
lobster regulations directly to NMFS for implementation in the EEZ off
Florida. The procedure was removed in 2012 when Amendment 10 to the FMP
established a new framework procedure (76 FR 75488; December 2, 2011).
Without the procedure, Florida cannot propose rules directly to NMFS,
limiting the ability to implement consistent regulations in a timely
manner.
Amendment 13 would re-establish a procedure for an enhanced
cooperative management system to provide Florida with a mechanism to
propose regulations concerning spiny lobster directly to NMFS for
implementation.
Proposed Rule for Amendment 13
A proposed rule that would implement Amendment 13 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Councils have submitted Amendment 13 for Secretarial review,
approval, and implementation. Comments on Amendment 13 must be received
by June 3, 2019. Comments received during the respective comment
periods, whether specifically directed to Amendment 13 or the proposed
rule, will be considered by NMFS in its decision to approve, partially
approve, or disapprove Amendment 13. Comments received after the
comment periods will not be considered by NMFS in this decision. All
comments received by NMFS on Amendment 13 or the proposed rule during
their respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 25, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-05969 Filed 4-1-19; 8:45 am]
BILLING CODE 3510-22-P